جستجوی مقالات مرتبط با کلیدواژه "تعهدات دولت" در نشریات گروه "علوم انسانی"

The right to occupational health and safety of employees is recognized as one of the basic human rights in the world community. Based on international human rights documents and their internal system, governments are obliged to protect the safety and health of workers. As an active member of the international community, Iran also has obligations in this field. This research has been conducted with the aim of identifying the duties of the government regarding the right to occupational health and safety, with a comparative approach in international documents and the Iranian legal system. This study uses a descriptive-analytical method and information gathering using library sources to investigate the government's obligations in observing, supporting and implementing occupational health and safety rights. Based on this research, it is necessary for governments to commit to the protection of the right to occupational health and safety, taking into account the national priority, to the extent of their ability and capabilities. Achieving occupational health and safety in Iran can help strengthen human rights, social progress, economic development and reduce public costs.

The concept of collective responsibility, like personal responsibility and joint responsibility, in most fields refers to both the causal responsibility of moral agents for global harms and the reaction shown against these harms. Therefore, it can be said that collective responsibility has moral propositions in a way. Because this notion of collective responsibility posits groups, as distinct from their individual members, as moral agents,. The view of methodological individualism challenges the possibility of associating moral agency with groups as separate from their individual members, and in the view of normative individualism collective responsibility violates the principles of individual responsibility and fairness. In response to these challenges, proponents of collective responsibility attempted to demonstrate that collective responsibility, as well as group intentions and collective action, is possible. One of the biggest issues that requires joint and collective action of governments is the issue of health and hygiene. The World Health Organization has crystallized as a symbol of governments' will to solve health challenges collectively. On this basis, the member countries of the World Health Organization are committed to cooperate with each other in solving international issues that have economic and humanitarian aspects so that all nations can benefit from human rights and basic freedoms without discrimination. Therefore, based on the collective responsibility of the member states of the World Health Organization, taking joint measures in the field of fighting diseases and improving the level of health is one of the duties of the member states.

The people with visual impariments are an important part of the society. Their special condition requires them to have special civil rights in addition of their general civil rights. Human dignity and positive discrimination can be the fundamentals of law to support the blinds rights which the roots of these principles can be found in religious precepts and fundamentals of legal laws. In this study we are going to achieve a desirable model of legal system to support the blinds in addition to the privileges and rights that citizens generally have; which, on one hand, this model can illustrate the harms, disadvantages and defects of the existing legal system in support of the people with visual impariments, and on the other hand, it can show the desirable horizon of these rights. Dispersal of supportive rules, deficiency of executive dysfunction, lack of guarantee of proper performance in enforcing legal rules, lack of effective participation of the people with visual impariments from the codification to legislation of laws and lack of using NGOs for people with visual impairments in the field of making and enforcing the law are the most important bugs and disadvantages of the existing legal system. In addition, the appropriate model should be drawn at three levels: structural, normative and behavioral level so that lead to an effective, efficient and transparent legal system.

The government is committed to providing goods and services needed by citizens to its new concept. The basis of the government's commitments in this regard has been the subject of debate. In this article, an attempt has been made to examine the jurisprudential foundations of the government's obligations in providing public goods and services in the Iranian legal system.

This article is a descriptive-analytical and library method has been used.

Ethical considerations: 

In this article, the originality of the texts, honesty and trustworthiness have been observed.

In jurisprudential teachings, providing goods and services needed by citizens and serving the people in general is considered a value. The jurisprudential sourcees of the government's obligations in this regard is several verses and hadiths in which the necessity of providing goods and providing public services by the Islamic government is emphasized.

In order to fulfill its obligations in the field of providing public goods and services to the people, the government mechanisms needs: Interference in market regulation is one of the most important mechanisms for fulfilling the government's obligations in this field. Government intervention as a regulatory factor through the fight against hoarding of goods and the overselling of goods and services causes goods and services to be made available to the people on appropriate terms. In addition, administrative health and the fight against corruption, as well as the existence of effective oversight by the government, are important factors in providing desirable public services to the people.

Economic and social rights constitute an important part of human rights and civil rights in the domestic and international dimensions, so its manifestation can be seen in the main international treaty, namely the International Covenant on Economic, Social and Cultural Rights. These rights are enshrined in the constitutions of most countries, including Iran, and oblige governments to meet the demands of their citizens. These rights and obligations of the government towards them are always opposed to civil and political rights (rights of the first generation) and are compared with them in various dimensions. One of the main foundations of the nation-state model in the design of civil rights is the issue of "democracy" based on the "liberal democratic approach". The classical liberal theory sees the state as a neutral mediator between the interests and rival groups of society that are a vital guarantee for social order. Most liberals claim that human beings are naturally in a state of complete freedom in relation to their actions. As well as thinking, without the need for leave or under the will of anyone. The fundamental principle of liberalism implies that the restriction on freedom must be justified. Liberal thought portrays all citizens as free and equal individuals in the status of citizens. This requires distinguishing between the rights and obligations of the individual as a citizen and his or her membership in specific groups based on ethnicity, language, religion, social class and dignity, and specific local and cultural characteristics.

“Sustainable development” is an international and internal concept with different dimensions, both economic and environmental aspects are important. In the international arena, with the Agenda for Sustainable Development Goals 2030 by the UN General Assembly in 2015, several goals under the concept of the Sustainable Development Goals have been offered to different countries for implementation. Although the nature of the Sustainable Development Goals Document 2030 is not legally binding, since its agenda, there has been extensive international streamlining by United Nations, its pillars as well as specialized UN agencies for its comprehensive implementation. Therefore, it is important to identify the obligations of governments in the context of this document.The approach of the Islamic Republic of Iran has been a partial and case approach to the sustainable development goals 2030, and some axes such as training (below target 4, and related to the education document 2030 and the Incheon Declaration) are particularly considered for cultural and social issues.But beyond this, the criticism of this document is now required in the international procedure so that we to be able to find concepts, goals and strategies, regardless of the streaming of international institutions and the negligence of some internal institutions, and as an Islamic country, we must take firm positions based on Islamic norms and national interests.

Developing countries need foreign investments, in order to finance their large infrastructure projects. These investments might help them to update their technologies and efficient management. Built, Operate and Transfer contracts known as BOT is one of the contracts by which a country might fulfill the requirements of attracting foreign investments. After the enactment of “FIPPA” and “General Principles of Article 44 of the Constitution”, a relative way reopened to the privatization of governmental Fundamental and Institutional sections, which, in turn, might motivate and attract foreign investments. The foreign investors, who invest in public infrastructure projects by B.O.T, need more legal and governmental supports. The present article seeks to answer the question of what are the obligations, incentives and responsibilities of the government in attracting foreign and private investment? What are their governing rules? After checking out in multiple instances and analyzing them, it seems that in most cases, the responsibility attributable to the government. It is supposed that this achieving the goal of this research will motivate the foreign investors to invest by entering in to BOT contracts by balancing the rights and obligations between the parties. Which are, now, envisaged to have legal and economic potential.

Natural and unnatural events and disasters always threaten human life, so the protection of human life against them is very important. As one of the most contagious diseases, Corona virus (Covid-19) has affected the lives of all people around the world and has damaged the fundamental rights of mental health, which is more vulnerable than other human rights cases. During the Covid-19 pandemic, most people experience a psychological crisis, but certain groups such as the mentally ill, single people, children, workers, the elderly, asylum seekers, the poor, and health workers are more affected than others. The main purpose of the research is to explain the relationship between mental health and human rights and to analyze the mechanisms of Article 12 of the International Covenant on Economic, Social and Cultural Rights and General Comments 14 of the Committee in support of Mental Health against Covid-19 with a descriptive-analytical approach. The results of the research show that Article 12 of the Covenant and the General Comments mentioned have the necessary capacities to protect the right to mental health and prescribe the obligations of the state in fulfilling the right to mental health of vulnerable people.

The most significant expression of the state's commitment to the right to health can be found in Article 12 of the International Covenant on Economic, Social and Cultural Rights that Recognizing the benefits of the highest standard of physical and mental health. However, the term of "right to health" does not precisely mean normal health, but it refers to a variety of facilities and services that states are committed to it in accordance with international treaties and humans have the capability to enjoy and benefit from it. It should be noted that the Third Committee of the United Nations General Assembly, in writing article 12 of the Covenant, did not accept the definition of health to "the state of complete physical, psychological and social well-being, and not merely the absence of disease or disability" in the introduction of the Constitution of the World Health Organization. However, the first paragraph of Article 12 of the Covenant does not restrict the right to health care to the highest level of physical and mental health. On the contrary, the editorial history and explicit terms of this article acknowledge that the right to health includes a wide range of social and economic factors that predict a situation in which people can live healthy and have effective factors that they have access to health, such as safe water, adequate nutrition, adequate housing, and public and professional health.

Children as the recipients of the right to health and the future of any society need the support of the government, their parents and legal guardians while entering adulthood. The Convention on the Rights of the Child has referred to the issue of child health in several articles and the Committee on the Rights of the Child has called on governments to consider childhood conditions and children's evolving capacities when fulfilling their obligations toward them. Thus, the Convention on the Rights of the Child has four core principles that underpin all children's rights: the right to life and survival, non-discrimination, the right to be heard and consideration of child’s best interests such as all human rights. Since children's right to health is a general right and encounters various challenges from the time of birth and even before that to adolescence, some principles are added to the basic principles in order to supplement the content of their right to health and complete them. The right to education, protection from abuse and misbehavior and prohibition from harmful practices and threats of the digital world are specific principles governing the definition of children's right to health. Governments need to consider this right of children in all areas and recognize children as individuals possessing rights.

The existence of various factors for crises such as poverty or lack of basic needs, which has many reasons and grounds, shows the need to provide a multidimensional solution for poverty eradication, since a one-dimensional solution cannot eradicate poverty by itself. In this respect, expanding freedom in a responsible manner is considered both the primary end and the principal means of progress. Poverty can be a major obstacle to the realization of freedom, and irresponsible freedom can be a source of poverty. Therefore, developing a comprehensive document for poverty eradication without regard to the interactive effects of poverty, freedom and responsibility will not yield desirable results. The present paper is an attempt to study the concept of responsible freedom - as the most transcendent aspect of freedom . as both the "end" and the "means" in the poverty eradication process

In the current era, which is the era of rights, legal literacy is recognized as one of the components of power, ability and capability of citizens and awareness of the law is power. Legal literacy, on the one hand, provides citizens with individual and group rights and is considered as an introduction to their demands and on the other hand, by identifying assignments to individuals, the predictability of citizens' lives is better. Examination of the measures taken in the Islamic Republic of Iran system indicates that, although in most of the current laws and regulations, the legal literacy category has not been explicitly mentioned, But the general emphasis on the need to inform the public in some legal documents can be seen in a comprehensive interpretation including the assignment to legal information and legal literacy training. In the legislative field, It is necessary to formulate a solid legal framework and in the realm of implementation, by providing formal and informal training of legal literacy and also through active participation in civil society organizations in this field, the right to full access to it is fully ensured.